City of Camdenton, MO
Camden County
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Table of Contents
Table of Contents
[Ord. No. 2049-04 §1, 12-7-2004]
Except as otherwise provided herein, this Article applies to all grading and excavation plans and operations.
[Ord. No. 2049-04 §1, 12-7-2004]
A. 
Permit Required. A permit is required prior to grading or excavation operations being conducted, such permit requirements to be as set forth in this Article. Permits shall be issued in the name of the landowner and shall be signed by the landowner or his representative.
B. 
Call For Utility Marking Prior To Excavation. Prior to any excavation being conducted in the City of Camdenton, such persons causing excavation to be made and those persons making such excavation shall request all applicable utility providers, including the City of Camdenton, to mark the location of utilities in the area of the proposed excavation. No excavation shall be started prior to such utilities being marked. If the City of Camdenton is a member of a statewide notification center, such as Missouri One Call System, Inc., requests for City marking of utilities shall be made through such notification center.
C. 
Other Permits May Be Required. The applicant for a permit hereunder assumes the responsibility of obtaining any other necessary permits or permission for excavation.
D. 
Monuments And Markers. Monuments and markers set for the purpose of locating or preserving property lines or subdivision lines or precise survey reference points or a permanent survey bench mark shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Building Inspector. Permission shall be granted only upon condition that the permittee under this Article shall pay all expenses incident to the proper replacement of the marker.
E. 
Drainage. When excavation is conducted or other work done which may interfere with established drainage systems, provision shall be made to provide proper drainage to the satisfaction of the Public Works Director and/or Building Inspector. No alteration of established drainage shall be made prior to issuance of a permit as required herein.
F. 
Barricades. No person shall make, or cause to be made, any excavation without adequately protecting the same so as to prevent persons, animals or vehicles from falling into the excavation.
G. 
Debris On Streets. When any earth, gravel or other excavated or grated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within four (4) hours after deposit. In the event such material is not removed, the Director of Public Works shall cause such removal and the cost incurred shall be paid by the permittee or deducted from the bond amount set out in this Chapter.
H. 
Times Of Work. Work authorized by the permit shall be performed between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday, unless the permittee obtains written consent from the Building Inspector to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency.
[Ord. No. 2049-04 §1, 12-7-2004; Ord. No. 2397-11 §1, 3-1-2011]
A. 
Permit Required. No person shall make or cause to be made any excavation with any mechanical dirt moving machine without first securing a permit from the City for each separate undertaking.
B. 
Exceptions To Permit Requirement. No permit shall be required in the following circumstances:
1. 
Nothing herein contained shall apply to excavations or openings for utility poles.
2. 
A permit shall not be required for grading for the foundation of basement of any building, structure or swimming pool for which a building permit has been duly issued or for grading of property for or by any governmental agency in connection with the public improvement or public works on said property.
3. 
A permit shall not be required for grading in connection with any subdivision when the plat plans have been approved in accordance with the laws and regulations of the City; provided however, that all information required by this Article shall be submitted to the Building Inspector and all grading plans shall be approved prior to the approval of the final plat of any subdivision.
4. 
A permit shall not be required when adding materials and/or spreading materials on an existing site when such materials are no more than five (5) yards of material in any sixty (60) day period.
C. 
Emergency Work. Permits prior to conducting excavation shall not be required for maintaining pipes, lines or other underground facilities in or under the surface in the event of emergency circumstances which require the work to be done immediately if the permit cannot reasonably and practically have been obtained beforehand. Permits for emergency work shall be applied for on the first (1st) regular day on which the City Hall is open for business.
D. 
Permitted Work Only. No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than specified in the permit, except that upon approval of the Building Inspector, additional work may be done under the provisions of the permit in an amount not greater than ten percent (10%) of that specified in the permit.
E. 
Permit Fee. A fee of fifty dollars ($50.00) shall be submitted with each application for an excavation permit as required in this Section.
F. 
Commencement Of Work. Work for which a permit has been issued under this Article shall commence within thirty (30) days after the issuance of the permit and if not so commenced, such permit shall be deemed terminated.
G. 
Transfer. Permits issued under this Article are not transferable and the work shall not be made in any place other than the location specifically designated in the permit.
[Ord. No. 2049-04 §1, 12-7-2004]
A. 
Application Form. An application for the permit required by this Article shall be filed with the Building Inspector accompanied by the fee required herein. Applications shall be accompanied by duplicate copies of an excavation and/or grading plan showing the work proposed to be performed. Applications shall, in addition, present information that all materials, labor and equipment which may be needed to complete the proposed work are available. If requested, applicants shall furnish a list of owners and tenants of all properties abutting the area where the proposed work is to be performed.
B. 
Hold Harmless Agreement. Every applicant for a permit required by this Article shall agree to hold the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to have accrued by reason of any work performed under a permit issued hereunder. The acceptance of a permit shall constitute such an agreement by the applicant.
[Ord. No. 2049-04 §1, 12-7-2004]
A. 
Insurance. No person shall be issued a permit under this Article without first registering with the City proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work. Such insurance for personal injury shall be an amount not less than three hundred thousand dollars ($300,000.00) for each person and not less than one hundred thousand dollars ($100,000.00) for each accident and for property damage shall be in an amount not less than one hundred thousand dollars ($100,000.00) and not less than one million dollars ($1,000,000.00) for all accidents.
B. 
Performance Bond Or Deposit. Such certificate of insurance shall also be accompanied by a three hundred dollar ($300.00) cash deposit or certified performance bond when excavation is going to be made in any public right-of-way area. The return of such bond shall be conditioned upon restoration of such areas as nearly as possible to their original condition. The deposit may be a higher amount as deemed necessary by the Director of Public Works.
C. 
Exemption. Proof of insurance and performance bond as required in this Section shall not be required in the event the applicant has at least twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance with permits granted by the City (said exemption being granted pursuant to Section 67.1830(6)(a), RSMo.).
[Ord. No. 2049-04 §1, 12-7-2004]
A. 
A permit required by this Article shall be issued and shall remain in force only upon compliance with the following requirements:
1. 
Adequate provision shall be made to prevent any surface water from damaging the cut-face and excavation of the sloping surface of a fill.
2. 
All drainage provisions shall be of such design as to carry surface water to the nearest practical storm drain or natural water course as approved by the Building Inspector or Public Works Director as a suitable place to deposit and receive such water.
3. 
No excavation or grading shall be made so close to the property line as to endanger any adjoining public or private street without supporting and protecting such public or private street of property from settling, cracking or other damage.
4. 
No fill shall be made so as to cause or allow the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express written consent of the owner of such premises so effected or upon or over any public street, walks, place or way; nor so close to the top of a bank of a channel as to create the possibility of bank failure and sliding.
5. 
Limitation on the use of various kinds of materials. Frozen material or soft, mucky, friable, easily compressible materials shall not be incorporated in fills intended to support buildings, structures, sewers or conduits or in the embanked ends of fills.
6. 
Timber, logs, trees, brush, vegetable matter and rubbish of any description shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance.
7. 
All slopes shall be brought to finished grade.
8. 
All excavated areas and fill areas, including areas of piles of dirt, shall be graded smooth to uniform slopes concurrent with excavation and/or filling operations. The portion of the areas no longer being excavated or filled shall be seeded and maintained.
[Ord. No. 2049-04 §1, 12-7-2004]
Upon completion of all work under the provisions of the permit, the permittee shall notify the Building Inspector. The Building Inspector shall make a final inspection to determine whether the work has been accomplished in conformity with the requirements of this Article.
[Ord. No. 2049-04 §1, 12-7-2004]
A. 
Any permit issued under this Article may be revoked by the Building Inspector after notice to the permittee for the following grounds:
1. 
Violation of any condition of the permit or of any provision of this Article.
2. 
Violation of any provision of any other applicable regulation or law relating to the work.
3. 
Existence of any condition or the doing of any act constituting a nuisance or endangering lives or properties of others.
B. 
The Building Inspector is authorized to revoke any grading permit whenever he/she shall find the work covered by said permit has been extended or altered without permission previously having been granted to do so or whenever he/she shall find that any retaining walls, curbing, drainage structures or other protective devices as shown on the approved plans and specifications submitted with the application for the permit have not been constructed as proposed and approved nor maintained in good order and repair.
C. 
Written notice of any of the above designated violations or conditions shall be served upon the holder of the permit or his/her agent engaged in the work. Such notice shall be given either by personal delivery thereof to the person to be notified or by certified or registered mail addressed to such person. When any permit has been revoked and the work authorized by the permit has not been completed, the Building Inspector is hereby authorized to take such steps as may be necessary to restore the excavation or grading to as good condition as existed before the opening or grading was commenced. All such expenses incurred in such restoration shall be recovered from the bond required under the terms of this Article.
[Ord. No. 2049-04 §1, 12-7-2004; Ord. No. 2082-05 §1, 9-6-2005]
A. 
Permit Required. No person shall cut or otherwise damage the pavement on City streets and roads or any City sidewalk for any purpose without prior approval of the Public Works Director. The permit shall be the same as required in this Chapter for excavation but shall be issued by the Public Works Director.
B. 
Criteria For Approval. The City shall not unreasonably withhold approval and in making his determination in each individual case shall take consideration of all relevant factors including, but not limited to, the following:
1. 
Width, length and depth of the proposed road cut;
2. 
Age and condition of the pavement in the area to be cut;
3. 
The ability to make the cut without endangering traffic;
4. 
Projected time before the next overlayment;
5. 
Length of time traffic would be closed or partially closed for the cut and work to be completed.
C. 
Requirements.
1. 
Insurance and performance deposit. Insurance shall be required as set forth in this Section. A refundable cash deposit shall be made to assure adequate completion of the requirements of this Section. The amount of such cash deposit shall be five hundred dollars ($500.00) for street cuts estimated to be less than sixty (60) square feet in area. For areas over sixty (60) square feet a cash deposit of five hundred dollars ($500.00) shall be required plus six dollars ($6.00) for each square foot over sixty (60) square feet in area. Proof of insurance and cash deposit as required in this Section shall not be required in the event the applicant has at least twenty-five million dollars ($25,000,000.00) in net assets and does not have a history of non-compliance with permits granted by the City (said exemption being granted pursuant to Section 67.1830(6)(a), RSMo.).
2. 
Maintenance. The applicant shall keep the street cut filled to street level with gravel or other suitable material prior to its permanent repair.
3. 
Inspection. The applicant shall notify the Director of Public Works prior to the street cut being made for inspection of the marked area to be cut and for inspection each time the street cut is temporarily filled or refilled and for final inspection after repairs are made.
4. 
Final repair. Final repair shall be made within thirty (30) calendar days unless extended by written permission of the Director of Public Works. Upon completion of final repair, the Director of Public Works shall be notified within fifteen (15) days to make a final inspection. In the event the inspection is made and the repair has been satisfactorily completed, the deposit required herein shall be refunded.
5. 
Deposit forfeiture. In the event the final repair is not made properly or completed within the time specified herein or should the City be required to keep the street cut filled to adequate level, the City may forfeit the cash deposit to the extent necessary.
D. 
Exemption. This Section shall not be construed so as to prohibit the understreet boring for the placement of said utilities.